Exercising The Right
Stand Your Ground in Georgia
CNN reported on September 17 about an incident in Conyers, Georgia, that occurred when three would-be burglars with bandannas covering their faces tried robbing a man standing outside his house shortly after 4 a.m. At the time the three suspects surrounded him, the homeowner was talking to another person who lives with him. One of the burglars was armed with a handgun; he repeatedly fired it at the two people but missed. Fortunately, the homeowner was also armed and returned fire, striking all three suspects and fatally wounding them.
The quick action by the homeowner and the fact that all three suspects died contributed to the newsworthiness of the story. The fact that all three suspects were under the age of 18 added to its dramatic nature and made it quickly go viral. The investigation is still ongoing, but because the shooting occurred outside the residence means that Georgia’s Stand Your Ground law, which permits deadly force if a person believes his life is at risk, will most likely apply, not the Castle Doctrine, which has a presumption of innocence for a homeowner who uses lethal force against an intruder inside his residence.
Darryl Cohen, a prosecutor-turned-defense attorney, gave his analysis of the situation to First Coast News and said, “I see this as assault — several crimes, felonies being committed — and the person, the homeowner, did exactly what he needed to do, which is protect himself, protect people in his house and protect his property…. As soon as you see that weapon pointed at you, you have the right to defend yourself and obviously once it’s been fired you have the right and a duty to defend yourself.” Cohen added that the 4:00 a.m. timing of the incident helps to explain why the homeowner shot all three suspects, even though investigators later learned that only one of the suspects was armed. “When you take the dark and you add that to the scenario it makes it even more credible for the homeowner…. You don’t know where the shot came from, you don’t know which of the three fired the weapon, so you have a right to defend yourself — self-defense. If you’ve been shot at you have every reasonable expectation that they’re trying to kill you.” Cohen did state that his analysis was based on the facts as they are presently reported, and if more details are revealed that substantively change the case, his analysis might change as well but, as it stands now, he told First Coast News, he considers this a “strong self-defense case.”
JBS Member or ShopJBS.org Customer?
Sign in with your ShopJBS.org account username and password or use that login to subscribe.
Subscribe Now
- 24 Issues Per Year
- Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically
Subscribe Now
- 24 Issues Per Year
- Print edition delivery (USA)
*Available Outside USA - Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically